711.579/11

The Secretary of State to the Norwegian Minister (Bryn)

WASHINGTON, May 23, 1924.

MY DEAR MR. MINISTER: Permit me to acknowledge the receipt of your communication of May 22nd, in which you inform me that you have been authorized by your Government to sign a liquor treaty such as that recently concluded between the United States and Great Britain, with the alternative text for Article I which I submitted to you and also with the words "in the English and Norwegian languages" to be incorporated in Article VI after the words "in duplicate".

With your note you were good enough to enclose a text in the Norwegian language.

I take note of your further statement that your Government maintains its desire with regard to reciprocity and to ten miles from the shore as the limit within which the boarding of vessels, etc. can take place and that it ventures to hope that in a possible revision of the treaty in accordance with Article V, the Government of the United States will meet the desires of the Norwegian Government in those respects.

By way of response to this suggestion, permit me to renew the expression of my opinion that the treaties of the United States to aid in the prevention of the smuggling of intoxicating liquors into the United States should, so far as possible, be of the same tenor and that, therefore, this Government might find difficulty in accepting provisions differing with respect to what you refer from those in the treaty recently concluded between the United States and Great Britain.

I am [etc.]

Treaty Series No. 689

CHARLES E. HUGHES

Convention between the United States of America and Norway, Signed at Washington, May 24, 1924 **

The President of the United States of America and His Majesty the King of Norway being desirous of avoiding any difficulties which might arise between them in connection with the laws in force in the United States on the subject of alcoholic beverages have decided to

54

In English and Norwegian; Norwegian text not printed. Ratification advised by the Senate, May 31, 1924; ratified by the President, June 20, 1924; ratified by Norway, June 20, 1924; ratifications exchanged at Washington, July 2, 1924; proclaimed by the President, July 2, 1924.

conclude a Convention for that purpose, and have appointed as their Plenipotentiaries:

The President of the United States of America, Charles Evans Hughes, Secretary of State of the United States;

His Majesty the King of Norway, Helmer H. Bryn, His Envoy Extraordinary and Minister Plenipotentiary to the United States of America;

Who, having communicated their full powers found in good and due form, have agreed as follows:

ARTICLE I

The High Contracting Parties respectively retain their rights and claims, without prejudice by reason of this agreement with respect to the extent of their territorial jurisdiction.

ARTICLE II

(1) His Majesty agrees that he will raise no objection to the boarding of private vessels under the Norwegian flag outside the limits of territorial waters by the authorities of the United States, its territories or possessions in order that enquiries may be addressed to those on board and an examination be made of the ship's papers for the purpose of ascertaining whether the vessel or those on board are endeavoring to import or have imported alcoholic beverages into the United States, its territories or possessions in violation of the laws there in force. When such enquiries and examination show a reasonable ground for suspicion, a search of the vessel may be initiated.

(2) If there is reasonable cause for belief that the vessel has committed or is committing or attempting to commit an offense against the laws of the United States, its territories or possessions prohibiting the importation of alcoholic beverages, the vessel may be seized and taken into a port of the United States, its territories or possessions for adjudication in accordance with such laws.

(3) The rights conferred by this article shall not be exercised at a greater distance from the coast of the United States its territories or possessions than can be traversed in one hour by the vessel suspected of endeavoring to commit the offense. In cases, however, in which the liquor is intended to be conveyed to the United States its territories or possessions by a vessel other than the one boarded and searched, it shall be the speed of such other vessel and not the speed of the vessel boarded, which shall determine the distance from the coast at which the right under this article can be exercised.

ARTICLE III

No penalty or forfeiture under the laws of the United States shall be applicable or attach to alcoholic liquors or to vessels or persons by reason of the carriage of such liquors, when such liquors are listed as sea stores or cargo destined for a port foreign to the United States, its territories or possessions on board Norwegian vessels voyaging to or from ports of the United States, or its territories or possessions or passing through the territorial waters thereof, and such carriage shall be as now provided by law with respect to the transit of such liquors through the Panama Canal, provided that such liquors shall be kept under seal continuously while the vessel on which they are carried remains within said territorial waters and that no part of such liquors shall at any time or place be unladen within the United States, its territories or possessions.

ARTICLE IV

Any claim by a Norwegian vessel for compensation on the grounds that it has suffered loss or injury through the improper or unreasonable exercise of the rights conferred by Article II of this Treaty or on the ground that it has been given the benefit of Article III shall be referred for the joint consideration of two persons, one of whom shall be nominated by each of the High Contracting Parties.

Effect shall be given to the recommendations contained in any such joint report. If no joint report can be agreed upon, the claim shall be referred to the Permanent Court of Arbitration at The Hague described in the Convention for the Pacific Settlement of International Disputes, concluded at The Hague, October 18, 1907. The Arbitral Tribunal shall be constituted in accordance with Article 87 (Chapter IV) and with Article 59 (Chapter III) of the said Convention. The proceedings shall be regulated by so much of Chapter IV of the said Convention and of Chapter III thereof (special regard being had for Articles 70 and 74, but excepting Articles 53 and 54) as the Tribunal may consider to be applicable and to be consistent with the provisions of this agreement. All sums of money which may be awarded by the Tribunal on account of any claim shall be paid within eighteen months after the date of the final award without interest and without deduction, save as hereafter specified. Each Government shall bear its own expenses. The expenses of the Tribunal shall be defrayed by a ratable deduction of the amount of the sums awarded by it, at a rate of five per cent. on such sums, or at

such lower rate as may be agreed upon between the two Governments; the deficiency, if any, shall be defrayed in equal moieties by the two Governments.

ARTICLE V

This Treaty shall be subject to ratification and shall remain in force for a period of one year from the date of the exchange of ratifications.

Three months before the expiration of the said period of one year, either of the High Contracting Parties may give notice of its desire to propose modifications in the terms of the Treaty.

If such modifications have not been agreed upon before the expiration of the term of one year mentioned above, the Treaty shall lapse. If no notice is given on either side of the desire to propose modifications, the Treaty shall remain in force for another year, and so on automatically, but subject always in respect of each such period of a year to the right on either side to propose as provided above three months before its expiration modifications in the Treaty, and to the provision that if such modifications are not agreed upon before the close of the period of one year, the Treaty shall lapse.

ARTICLE VI

In the event that either of the High Contracting Parties shall be prevented either by judicial decision or legislative action from giving full effect to the provisions of the present Treaty the said Treaty shall automatically lapse, and, on such lapse or whenever this Treaty shall cease to be in force, each High Contracting Party shall enjoy all the rights which it would have possessed had this Treaty not been concluded.

The present Convention shall be duly ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by His Majesty the King of Norway; and the ratifications shall be exchanged at Washington as soon as possible. In witness whereof, the respective Plenipotentiaries have signed the present Convention in duplicate in the English and Norwegian languages and have thereunto affixed their seals.

Done at the city of Washington this twenty-fourth day of May, in the year of our Lord one thousand nine hundred and twenty-four.

Denmark, May 29, 1924

711.599/13

The Danish Chargé (Helmer-Petersen) to the Secretary of State

No. 99

WASHINGTON, May 26, 1924.

SIR: I have the honor to inform you that the Danish Government is prepared to sign a Treaty with the United States Government concerning the Regulations of the Liquor Traffic similar to that signed between the United States and Great Britain on January 25th [23d], 1924.

As I have already had the honor to communicate verbally to the Honorable the Undersecretary of State, the Danish Government proposes that in the English text of the Treaty, after the word "between" in alinea three of the preamble, instead of the word "them" the words "the United States of America and Denmark" should be inserted.

Furthermore the Danish Government proposes the following text of Article I of the Treaty: The high contracting Parties respectively retain their rights and claims without prejudice by reason of this agreement with respect to the extent of their territorial jurisdiction.

It is also desired that the full title of His Majesty the King, to wit: His Majesty the King of Denmark and Iceland, be inserted in the text, wherever the King is mentioned.

As I have understood that the United States Government will have no objections to these modifications, I beg to enclose a draft of the Danish text of the proposed treaty.55

I beg to add that, according to a cablegram received today from the Ministry of Foreign Affairs, it is expected that the full power for me can be ready for verification by the American Minister in Copenhagen on Wednesday next.

I have [etc.]

711.599/13

HELMER-PETERSEN

The Secretary of State to the Danish Chargé (Helmer-Petersen)

WASHINGTON, May 28, 1924.

SIR: I have the honor to acknowledge the receipt of your communication No. 99 of May 26, in which you inform me of the readiness of your Government to conclude a treaty with the United States to aid in the prevention of the smuggling of intoxicating liquors into the United States similar to that concluded between the United States and Great Britain on January 23, 1924, subject, however, to certain modifications which you specify and which are acceptable to this Government.

65 Not printed.